0001214659-22-007758 Sample Contracts

Certain information has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K from this document because it is both not material and is the type that the registrant treats as private or confidential. UNDERWRITING AGREEMENT among BITNILE...
Underwriting Agreement • June 2nd, 2022 • BitNile Holdings, Inc. • Electronic components, nec • New York

The undersigned, BitNile Holdings, Inc., a corporation formed under the laws of the State of Delaware (collectively with its subsidiaries and affiliates, including, without limitation, all entities disclosed or described in the Registration Statement (as hereinafter defined) and set forth on Schedule 3 attached hereto, as being subsidiaries or affiliates of BitNile Holdings, Inc., the “Company”), hereby confirms its agreement (this “Agreement”) with the Underwriters named in Schedule 1 hereto (the “Representative” and such other underwriters being collectively called the “Underwriters” or, individually, an “Underwriter”) as follows:

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June 1, 2022
Termination Agreement • June 2nd, 2022 • BitNile Holdings, Inc. • Electronic components, nec

We refer to the underwriting agreement (“Underwriting Agreement”), dated May 26, 2022, between BitNile Holdings, Inc. (the “Company”) and Alexander Capital, L.P. (the “Representative”) Each of the Company and the Representative agree that (i) the Underwriting Agreement shall be terminated effective upon execution of this letter agreement and (ii) upon such termination, neither the Company nor the Representative shall have any obligations relating to the Underwriting Agreement.

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